It can be incredibly challenging to live with a divorce decision that didn’t go as you hoped or think is fair. Seeking post-judgment modifications in a divorce is possible but can be intimidating, at best. We discuss these issues so you can take the appropriate action in your case. Read on to explore:
- Reasons people take action after judgments are made.
- An overview of the court’s jurisdiction over cases.
- A general timeline of modification requests.
What Are The Reasons That Someone Might Seek An Action For After A Judgment Has Been Finalized?
People typically seek post-judgment modifications for child-related matters, such as child custody and child support, after a judgment becomes final. This makes up the vast majority of any post-judgment litigation because the court still has jurisdiction.
Final judgments serve the purpose of clearly and definitively terminating rights, aiming for clarity and precision in their determinations. Typically, any return to court post-final judgment is primarily for enforcement purposes. There’s generally little that brings you back to court after the divorce’s final judgment. I often advise my clients, particularly those with young children, that failing to build an amicable relationship with their soon-to-be ex-spouse can lead to ongoing court involvement. That can continue until the child reaches adulthood.
Would Division Of Assets Ever Be Changed After A Judgment Is Finalized?
No.
Does The Same Judge Who Handled The Decree Have To Handle The Modification As Well?
In California, courts assign each case a number, and assign that case number to a judge. Unless the judge assigned to your case moves from the courtroom, they remain the judge overseeing your case. The only opportunities to remove the judge would be
- At your first appearance before the judge;
- If they make a biased decision where an appealable reason to remove them is valid. These are extremely rare.
Do I Need The Same Attorney Who Handled My Divorce To Assist Me With The Modification? Can I Hire Your Firm?
You can hire and fire an attorney at will in California. Nothing binds you to keep one for a certain period of time or until you meet a specific criteria.
Where Must The Modification Of A Decree Be Filled? Does It Have To Be In The Same County Where The Divorce Was Granted?
Once you file a divorce or parentage case in family court in California, the county where you filed the case retains jurisdiction for the duration of the case. This is the case even if one or both parties no longer reside in California. This means that the county where you originally filed the case continues to have authority over the proceedings and any related matters. This principle ensures continuity and consistency in handling the case until it resolves or a court transfers it to another jurisdiction under specific circumstances.
I have handled several cases based in a California county even though both parents now live in an entirely different state. The original California county continues to maintain jurisdiction.
Can I Petition To Modify A Judgment Be Challenged Or Opposed?
In California, courts issue judgments in family law cases. Judgments typically terminate most aspects of the case. However, you can seek modifications, particularly for matters related to custody or enforcement. It is completely within your rights to seek a modification. If one party petitions to modify a judgment, the other party can indeed challenge or oppose it. The process follows procedures similar to those used during the initial hearing.
Both parties have the opportunity to present their arguments. The judge may also encourage them to try to reach an agreement outside of court. If necessary, the parties may present additional evidence, and the court may hold an evidentiary hearing similar to a trial on the specific issue in question. Know that modifying a judgment may be particularly challenging. This is especially true if both parties initially agreed to the terms or if there are no substantial changes in circumstances.
What Is The General Timeline For A Request For Modification?
The timeline for a request for modification in California can vary significantly depending on the county and its caseload. Once you file your motion, you’ll receive a court date. San Mateo County generally sets hearing dates for about five months after you file your motion. San Diego sets hearing dates for about three months after you file your motion.
In addition, courts typically schedule trials for modification cases almost a year out. Overall, the process is often slow. While the matter may be urgent and important to the individuals involved, the court may not prioritize it as such due to its caseload.
Why Is It A Good Idea To Retain An Attorney For A Modification To A Divorce Judgment Versus Handling It Alone?
Retaining an attorney for matters related to child support, child custody, or enforcement of orders following a divorce judgment is immensely important in California. While modifications to the divorce judgment itself are generally not possible, addressing issues such as child support and custody requires legal experience. It helps ensure your rights stay protected and you meet your goals. An attorney can help navigate the complexities of family court, advocate on your behalf, and ensure you follow the necessary legal procedures to achieve the desired outcome.
For more information on Post Judgement Modifications In A Divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 915-9113 today.
